BISHAN PAUL Vs. MOTHU RAM

JUDGEMENT

(1.) THIS petition arises out of an application for the ejectment of a tenant. The property in dispute was composite property situated in Ludhiana. It was in occupation of the Petitioner when it was put up to auction by the District Competent Officer. Mothu Ram Respondent made the highest bid and the sale in his favour was confirmed on 3rd October, 1956. Soon after this the Competent Officer sent a letter to the tenant, who is the Petitioner before me, asking him to attorn to Mothu Ram and pay rent to him. The sale certificate in favour of Mothu Ram was issued on 14th December, 1956.

(2.) THE application was brought by Mothu Ram for the eviction of the Petitioner on the ground of non -payment of rent. This application was made on 23rd May, 1959. The Petitioner had deposited a sum of Rs. 240 in the Court of the Senior Subordinate Judge and by the first date of hearing he deposited a further sum of Rs. 140.

(3.) IN revision before me it has been contended that title to the property sold to Mothu Ram did not pass to him until the sale certificate in his favour had been issued. Therefore, Mothu Ram became owner of the property not on 3rd October, 1956, the date when the sale was confirmed but on 14th December, 1956 when the sale certificate was issued in his favour, and if this be the date on which Mothu Ram secured proprietary title in the property and if this be the date with effect from which the liability to pay rent to Mothu Ram arises, then the tender made by the Petitioner was good in law and no order of ejectment could be made against him.